A assault to escape arrest in the crime of robbery in case where the victim gets injured while leading to Oratoba by putting a part of the defendant's saf which he drives by an accomplice after the thief.

If the defendant, who was listed on the Baba which the accomplice drive after the thief thief thief, added the luf belt part to the victim, but the accomplice was led to the victim's ranf as it is, then the victim was faced with the wound, this is merely merely an act of escape scheduled to the defendant, etc., and it cannot be viewed as an active exercise of force toward the victim, and thus, it cannot be viewed as an assault to escape arrest in the crime of quasi-Robbery.

Articles 335 and 333 of the Criminal Act

Defendant

A defendant shall be punished by imprisonment for not less than two years and six months.

The 110 days under confinement prior to the rendering of judgment shall be included in the above sentence.

On September 8, 198, the defendant was sentenced to a suspended sentence for two years at the Busan District Court's 10 months of imprisonment with prison labor for larceny, etc., and was currently under the suspended sentence. On July 14, 1989, in collaboration with the non-indicted 1, the victim non-indicted 2 (Nam, 43 years of age) at the street in front of the North Gyeongpo-gu 4, 174-27, Pyeongpo-gu, Busan High Court around July 14, 1989, withdrawn the cash amounting to KRW 1,494,00 from the Seopo-gu, Busan High Court's 1,494,00 in cash at the Seopo-gu, Busan High Court's Seopo-gu, and used it to take off at hand until the above place.

The facts of the judgment

1. Statement consistent with the facts in the judgment of the defendant in the first trial record;

1. Each statement that conforms to the facts of the judgment among the suspect examination records against each accused for the preparation of administrative affairs by a prosecutor and a judicial police officer;

1. Statement that conforms to the facts in the judgment of the judicial police officer in preparation of a statement of Nonindicted 2

1. The facts of the judgment can be recognized in full view of the criminal records of the defendant prepared by the head of the Si/Gun/Gu police station in Busan, and the contents of the judgment are sufficient.

Since the judgment of the defendant falls under Article 331(2) and (1) of the Criminal Act, the defendant shall be punished by imprisonment of two years and six months within the prescribed term of punishment, and 110 days of detention prior to the sentencing shall be included in the above sentence under Article 57 of the Criminal Act.

The gist of the facts charged of this case against the defendant is that the victim committed an assault, such as taking about 30 meters back of the lower part of the victim's body and arresting the defendant, etc. for the purpose of evading the defective arrest of the defendant. The prosecutor applied violence to the above victim, such as taking about 10-day medical treatment. The prosecutor applied for the crime of robbery to the crime of robbery, but there is no active assault and intimidation sufficient to suppress the defendant's resistance with the aim of evading return of property or arresting the defendant. According to the above evidence, the victim was on board the victim's body, and there is no other evidence that the victim did not have any other purpose than the victim's body, and there is no other crime of assault and threat against the defendant. The victim cannot be seen as being found to have committed an act of assault and threat against the defendant, which is likely to have been committed by the victim and the defendant's body.

Thus, since the above facts charged have come to the time when there is no proof of crime, it should be sentenced to innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act, or it is found guilty of the conjunctive facts charged, the judgment of innocence shall not be sentenced separately in the text

It is so decided as per Disposition for the above reasons.

Judges Kim Yong-hoon (Presiding Judge)